Espino v. Wallgreens Pharmacy

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 4/17/2015 CONTINUING the Motion Hearing on 8 Motion to Dismiss to 5/20/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; ORDERING the plaintiff to file an opposition, if any, by 5/6/2015; WARNING the plaintiff that a failure to file an opposition and appear at the hearing will be deemed as a statement of non-opposition and may result in a recommendation that this action be dismissed. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS ESPINO,

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No. 2:15-cv-00423-MCE-AC

Plaintiff,
v.

ORDER

WALLGREENS PHARMACY,
Defendant.

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On March 19, 2015, defendant filed a motion to dismiss that set the hearing before Chief

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Judge Morrison C. England, Jr. ECF No. 4. That motion was vacated after this action was

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referred to the undersigned pursuant to Local Rule 302(c)(21). ECF No. 7. On March 25, 2015,

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defendant filed a subsequent motion to dismiss properly noticed before the undersigned. ECF

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No. 8. The hearing on defendant’s motion to dismiss was set for April 22, 2015. No opposition

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to the motion to dismiss has been filed.

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Local Rule 230(c) provides that opposition to the granting of a motion must be filed

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fourteen (14) days preceding the noticed hearing date. The Rule further provides that “[n]o party

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will be entitled to be heard in opposition to a motion at oral arguments if written opposition to the

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motion has not been timely filed by that party.” In addition, Local Rule 230(j) provides that

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failure to appear may be deemed withdrawal of opposition to the motion or may result in

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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be
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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.”

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of April 22, 2015, is vacated. Hearing on defendant’s motion to

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dismiss, ECF No. 8, is continued to May 20, 2015, at 10:00 a.m. in Courtroom No. 26.
2. Plaintiff shall file opposition, if any, to the amended motion to remand no later than

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May 6, 2015. Failure to file an opposition and appear at the hearing will be deemed as a

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statement of non-opposition and may result in a recommendation that this action be dismissed.

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DATED: April 17, 2015

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